1 | P a g e 2026-1027 – Sand Filter Pod Rehabilitation and Repair Project

Solicitation &

Contract Documents For

2026-1027

SAND FILTER POD REHABILITATION AND REPAIR

PROJECT

June 25, 2026

Invitation To Bid (ITB) Submit Bid to:

ITB Number: 2026-1027 Procurement Platform:

ITB Title: Sand Filter Pod Rehabilitation and Repair Project https://portolympia.bonfirehub.com Release Date: June 25, 2026

Port Contracts Administrator:

Name: Hannah Ellis E-mail Address: HannahE@PortOlympia.com Phone: 360.528.8040 Contract Manager:

Name: Megan Folkers E-mail Address: MeganF@PortOlympia.com Phone: 360.764.5394

Bid Due Date: July 20, 2026

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Contents

SECTION 1: BACKGROUND & SCOPE OF SERVICES

Background

Scope of Services

SECTION 2: PROJECTED TIMELINE

Solicitation

Selection of Vendor

Contract

SECTION 3: SUBMITTAL PROCESS

SECTION 4: BID GUARANTEE, BONDING, AND RETAINAGE

SECTION 5: BIDDER REQIRMENTS

SECTION 6: CONTRACT REQUIREMENTS

Prevailing Wage

Insurance Requirements

SECTION 7: EXHIBITS

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SECTION 1: BACKGROUND & SCOPE OF SERVICES

Background The Port of Olympia has a proud history in Thurston County. In operation since 1922, the Port serves the community in a wide variety of ways, leading the way for many of the area’s economic development efforts.

From the commercial center at New Market Industrial Campus and the diversified specialty Marine Terminal to the vibrant Swantown Marina and Boatworks and the strategically located Olympia Regional Airport, the Port of Olympia is committed to fostering economic growth of the South Puget Sound region and serving the needs of global customers.

The Port of Olympia’s Mission is: “Creating economic opportunities and building community for all of Thurston County through responsible resource use”.

Scope of Services Project includes cleaning, inspection, repair, rehabilitation, and replacement of sand filter pod components and associated systems, including media replacement, epoxy coating, valve rebuilds, header repairs, and other related work required to restore proper function.

The Contractor shall provide all labor, materials, equipment, tools, transportation, and incidentals necessary to perform the scope of work which will include;

Vacuum all existing sand and gravel, wash and inspect each of the 16 sand filter pods

Repair any areas that the existing epoxy has been compromised, sandblasting areas may be required. Recoat with Scotchkote 134 fusion epoxy or equivalent (following all manufacturers’ recommendations) to a minimum thickness of 8 mils.

Refill each filter pod with 10 cubic ft or 7 inches of 5/8th to 3/4th washed crushed gravel and 23 cubic ft or 18 inches of Lane Mountain silica sand

(LM #30)

o Total of 5/8th to 3/4th washed crushed gravel for all 16 pods = 160 cubic ft o Total of Lane Mountain silica sand (LM #30) for all 16 pods = 368 cubic ft

Rebuild the 16 yardney activated auto backflush valves (454D, verification will be needed) with all new air diaphragms, seals, O-rings, and bushings.

Replace all upper backflush header 4-inch seals and backflush valve to tank seals.

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Replace one lower leaking header and seals connecting 2 of the filter pods (Size and dimensions need to be verified).

A vac-truck and 10k – 12k reach lift will be needed.

Remove and dispose of all spent sand filter pod sand and gravel and dispose of it properly off-site.

SECTION 2: PROJECTED TIMELINE

The following is a projected timeline; the Port reserves the right to adjust as needed.

Solicitation Solicitation Released June 25, 2026 Questions & Answer Period June 25 – July 09, 2026 Optional Site Visit 10:00 AM July 07, 2026 Addenda Issued No Later Than July 15, 2026 Bid Submission Due 05:00 PM July 20, 2026

Selection of Vendor Review of Bids Week of: July 20, 2026 Selection of Vendor: July 23, 2026

Contract Desired Start Date: Upon Contract Execution Initial Term Completion Date: June 30, 2027 (Or upon project completion)

SECTION 3: SUBMITTAL PROCESS

Bids for this ITB will only be accepted utilizing the Bonfire web portal located at https://portolympia.bonfirehub.com/portal/?tab=openOpportunities. Contractors that intend to respond must ensure that they have the necessary software to access and download the ITB through Bonfire.

Contractors that intend to submit a bid must consult the portal on a regular basis through “Bid Submission Due” date in Section 2 for any document updates and/or addenda. Bids must be based on the most current version of the ITB and addenda available on the portal as of the “Addenda Issued No Later Than” date. As a registered Bonfire user, downloading the ITB will automatically trigger notifications of all ITB updates and addenda.

Contractors may contact Bonfire support via email at support@gobonfire.com or by phone at (800) 354-8010 x2. Contractors shall not contact the Port for technical assistance as it relates to submitting their Proposals via Bonfire.

https://portolympia.bonfirehub.com/portal/?tab=openOpportunities

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The Port will not assume any risk, responsibility, or liability whatsoever to any contractor for ensuring that the Bonfire portal is in good working order or that the contractors are able to download and upload documents or other material from or to the Bonfire portal, including, without limitations, delays caused by Bonfire when responding to the contractor for requests for technical support. It is the contractor’s responsibility to upload their bid in sufficient time prior to the bid due date and time to enable the contractor to submit a bid.

The Port makes no representation, warranty, or condition that the Bonfire website will be uninterrupted, timely, secure, or error free.

Bids received after the bid due date and time will not be considered.

Unless Bonfire is unavailable at the bid due date and time. The Port is not obligated to extend the bid due date and time.

Each contractor will receive an email confirmation receipt with a unique confirmation number once the contractor finalized their submission. This will be the only confirmation that the contractor successfully submitted their bid.

SECTION 4: BID GUARANTEE, BONDING, AND RETAINAGE

The Bidder shall submit with its bid a Bid Guarantee in the amount of five percent (5%) of the total bid price. The Bid Guarantee may be in the form of a bid bond, certified check, cashier’s check, or other instrument acceptable to the Owner.

Payment and performance bonds are required per RCW 39.08.010. The bonds must be in the amount of no less than one hundred (100) percent of the contract value. The Port will supply the forms in which the bonds must be submitted.

Retainage in the amount of five (5) percent shall be withheld from all payments until the completion of the contract as required in RCW 60.28.011. With exception to any bidder that would like to utilize a retainage bond. In the event the winning Contractor utilizes a retainage bond, the Port will not withhold any retainage. Any submitted retainage binds must be for the full amount of the contract value.

For contracts under $150,000, the bidder may elect to waive the performance and payment bond requirements. If waived, the Port will withhold ten percent (10%) of all monies earned until forty-five (45) days after final acceptance of the work for that contract year.

SECTION 5: BIDDER REQIRMENTS

Bidder Responsibility Criteria

6 | P a g e o At the time of Bid submission, Bidder must meet the Mandatory Bidder’s Criteria of

RCW 39.04.350

o Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3) o Have received training on requirements related to public works and prevailing wages as approved by L&I or are exempted from the training requirements by L&I because the Bidder has completed three or more public works projects and have had a valid business license for three or more years.

o Contractor must possess technical knowledge of stormwater treatment facilities, associated filtration systems and all applicable regulatory requirements.

o Contractor must have successfully performed comparable stormwater system maintenance, repair, or installation projects within the past five years.

SECTION 6: CONTRACT REQUIREMENTS

Prevailing Wage Prevailing wages are required to be paid for this job and the appropriate prevailing wages form completed as outlined in the Small Public Works General Conditions.

A copy of prevailing wage rates will be provided upon request or can be obtained by accessing the Department of Labor & Industries web site at http://www.lni.wa.gov/prevailingwage/.

Insurance Requirements The Bidder shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from, or in connection with, the performance of the Services by the Consultant, its agents, representatives, or employees.

SECTION 7: EXHIBITS

Exhibit A – Bid Form (4 pages)

Exhibit B – Specifications (6 pages)

Exhibit C – Sample Small Works Contract (11 pages) http://www.lni.wa.gov/prevailingwage/

Exhibit A

Sand Filter Pod Rehabilitation and Repair Project Contract No. 2026-1027

BIDDER'S NAME

CONTRACT TITLE: Sand Filter Pod Rehabilitation and Repair Project

The undersigned bidder declares that it understands the conditions and has determined for itself all situations affecting the work herein bid upon and hereby submits the following Bid to perform all Work required for the Sand Filter Pod Rehabilitation and Repair Project, in accordance with the Contract Documents.

And, bidder proposes and agrees, if this proposal is accepted, to provide at bidder’s own expense, all labor, machinery, tools, materials, etc., including all work incidental to, or described or implied as incidental to such items, according to the Contract Documents of the Port of Olympia, and that the bidder will complete the work within the time stated, and that bidder will accept in full payment therefore the unit price(s) and/or lump sum price as set forth in the bid below: (Note: Show prices in figures only.)

Any erasures or alterations of any kind and bids which are incomplete or contain irregularities may be rejected. The Port reserves the right, but without obligation, to waive informalities and irregularities. The Port reserves the right, but without obligation, to remove line items from the scope of work. Bids shall be submitted by the time and date established in the Bid Solicitation.

All blanks on the bid forms shall be filled in by ink or typed.

Prices shall be expressed in figures only.

Item No Description UOM Unit

Price QTY Total

LUMP SUM BID

1. The Lump Sum Bid shall include all known work described in the Scope of Work and Specifications, including:

• Media removal and disposal

• Cleaning and inspection

• Installation of new sand and gravel

• Valve rebuilds

• Header replacement

• Testing, cleanup, coordination, mobilization, submittals, and all incidentals

LS 1

UNIT PRICE BID ITEM (EP0XY REPAIR)

2. The following Unit Price shall be used to compensate the Contractor for epoxy surface preparation and recoating work. Payment shall be based on measured square footage of interior

SF Est.

Item No Description UOM Unit

Price QTY Total surface area requiring repair.

TIME & MATERIALS (T&M) LABOR RATE FOR UNFORESEEN WORK

3. Fully Burdened Labor Rate

Used only for Owner-authorized work not included in the Lump Sum or Unit Price item.

HR 4

BID TABLE TOTALS

Sub Total Base Bid

WSST @ 10.0%

Total Base Bid

The Port will base the low bid evaluation on the TOTAL BASE BID.

ADDENDA ACKNOWLEDGEMENT:

Receipt of all Addenda through No. ______ is (are) hereby acknowledged.

BID GUARANTEE

A certified check, cashier's check, or other obligation of a bank, or a bid bond, in an amount equal to 5% of the Total Bid shall accompany this proposal.

NONCOLLUSION:

The undersigned declares under penalty of perjury that the bid submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to the bidder an advantage over any other bidder or bidders.

RESPONSIBLE BIDDER CERTIFICATION

In accordance with RCW 9A.72.085, the undersigned bidder declares under penalty of perjury that said bidder is in compliance with the responsible bidder criteria requirement, and that within the three-year period immediately preceding the date of this bid solicitation, has not received a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgement entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or

49.52 RCW.

LOBBYING AND INFLUENCING FEDERAL EMPLOYEES

As required by Section 1352, Title 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections28.105 and 28.110, the applicant certifies that to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with its instructions.

CERTIFICATION OF NON-SEGREGATED FACILITIES

The Bidder certifies, by submission of this proposal and signing of the enclosed Certification, that segregated facilities are not maintained at any establishments, and that employees are not permitted to perform services at any location, under the contractor's control, where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract.

PREVAILING WAGE COMPLIANCE (RCW 39.12)

The Bidder certifies compliance with prevailing wage requirements and agrees to file the 'Intent to Pay Prevailing Wages' and 'Affidavit of Wages Paid.'

Name of Firm

Signature By (Type or Print) Title Date

Mailing Address City State Zip Code

Telephone Number E-mail

Washington State Contractor's License No.

Date of Issue _________________ Expiration Date ____________________________________________

Federal Tax ID No. __________________________________________________________________________________

Bids submitted without a signature will be determined non-responsive

EXHIBIT A

CERTIFICATION OF NON-SEGREGATED FACILITIES

The Federally assisted construction contractor certifies that segregated facilities are not maintained at any establishments, and that employees are not permitted to perform services at any location, under the contractor's control, where segregated facilities are maintained. The Federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract.

As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time-clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin, because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where obtained identical certification from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he/she will retain such certifications in the files.

Certification - The information above is true and complete to the best of my knowledge and belief.

Name and Title of Signer (Please Type)

Signature Date

(Copy this page for each subcontractor providing $10,000 or more in services)

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C.

1001.

Exhibit B

SECTION 01 00 00 – GENERAL REQUIREMENTS

1.01 DESCRIPTION OF WORK

The Work includes all labor, materials, equipment, and incidentals necessary to clean, inspect, repair, rehabilitate, and restore the sand filter pods and associated components.

Work includes removal and replacement of filter media, epoxy surface repair and recoating, rebuilding of Yardney backflush valves, replacement of header sections and seals, and all related tasks required to return the system to proper operation.

The Work also includes additional related tasks required to address conditions discovered during the project, subject to Owner approval.

1.02 COORDINATION AND SCHEDULING

A. Coordinate all work with the Owner to minimize operational impacts.

B. Work hours shall comply with Owner requirements.

C. Notify Owner at least 48 hours in advance of system shutdowns or activities requiring restricted access.

D. Protect all existing systems, facilities, pavements, and utilities during the Work.

1.03 SUBMITTALS

The Contractor shall provide:

1. Product data for epoxy coating (Scotchkote 134 or approved equal).

2. Product data for replacement sand and gravel media.

3. Product data for Yardney valve rebuild components.

4. Product data for header materials, seals, gaskets, and fittings.

5. Safety Plan addressing silica control, confined space (if applicable), and equipment use.

6. Disposal documentation for removed sand and gravel.

1.04 QUALITY ASSURANCE

A. Contractor shall have demonstrable experience performing similar filter pod, tank, or coating rehabilitation work.

B. All materials shall be new, unused, and conform to manufacturer recommendations.

C. Epoxy coating shall be applied by personnel familiar with fusion-bonded or 2-part epoxy applications.

1.05 SAFETY AND ENVIRONMENTAL REQUIREMENTS

A. Contractor shall comply with all applicable safety regulations, including silica exposure standards.

B. Provide dust and debris control during sandblasting or abrasive operations.

C. Materials removed from the system shall be disposed of in accordance with local regulations.

D. Maintain clean work areas and prevent debris from entering adjacent systems or drainage.

SECTION 02 00 00 – PRODUCTS

2.01 SAND AND GRAVEL MEDIA

A. Washed crushed gravel: 5/8 inch to 3/4 inch, clean, durable, free of clay or fines.

B. Silica sand: Lane Mountain LM #30 or equal, consistent gradation, washed, free of organics.

2.02 EPOXY COATING

A. Scotchkote 134 fusion-bonded epoxy or Owner-approved equal.

B. Minimum dry film thickness: 8 mils.

C. Compatible with existing coating.

2.03 YARDNEY BACKFLUSH VALVE COMPONENTS

A. Air diaphragms, O-rings, seals, bushings, and related rebuild parts meeting Yardney specifications.

B. Equivalent parts require Owner approval.

2.04 HEADER MATERIALS

A. Pipe and fittings matching existing materials (steel, PVC, or HDPE—contractor to verify in field).

B. Gaskets and seals suitable for potable/non-potable water as applicable.

C. Bolts, nuts, fasteners shall be corrosion-resistant.

SECTION 03 00 00 – EXECUTION

3.01 MEDIA REMOVAL

A. Vacuum all existing sand and gravel from each filter pod.

B. Material removal shall be controlled to prevent spills or contamination.

C. Stage removed material in a designated location for disposal.

3.02 CLEANING AND INSPECTION

A. Wash interior surfaces after media removal.

B. Inspect all interior surfaces and identify coating defects or structural concerns.

C. Provide photographic documentation of each cleaned and inspected pod.

3.03 EPOXY SURFACE PREP AND RECOATING

A. Prepare surfaces by sanding, grinding, or sandblasting as needed to remove failed epoxy.

B. Apply epoxy in accordance with manufacturer instructions.

C. Ensure minimum 8-mil dry film thickness.

D. Repair all compromised areas to achieve uniform coating.

3.04 INSTALLATION OF NEW MEDIA

A. Install washed crushed gravel to required depth and volume.

B. Install silica sand to required depth and volume.

C. Distribute levels evenly to ensure proper filtration performance.

3.05 BACKFLUSH VALVE REBUILDING

A. Rebuild 16 Yardney activated auto backflush valves.

B. Replace diaphragms, seals, O-rings, bushings, and worn components.

C. Test valves for leak-free operation.

3.06 HEADER REPLACEMENT

A. Remove and replace one leaking lower header connecting two pods.

B. Field verify dimensions and orientation.

C. Replace seals, gaskets, and fittings.

D. Test for leaks after installation.

3.07 DISPOSAL

A. Dispose of removed sand and gravel in accordance with regulations.

B. Provide disposal receipts if required by Owner.

3.08 CLEANUP AND RESTORATION

A. Clean work area and remove debris daily.

B. Restore system to full operational condition upon completion.

SECTION 04 00 00 – MEASUREMENT AND PAYMENT

1.01 GENERAL

A. Payment for the Work shall be made based on a combination of:

1. Lump Sum items,

2. Unit Price items, and

3. Time-and-Materials (T&M) items for Owner-authorized unforeseen work.

B. The Contractor’s prices shall include all labor, materials, equipment, tools, transportation, incidentals, overhead, and profit necessary to complete the Work as specified.

1.02 LUMP SUM BID ITEMS (KNOWN WORK)

The following work shall be paid at the Lump Sum price bid by the Contractor.

A. Lump Sum Work Includes (but is not limited to):

1. Mobilization and demobilization

2. Vacuum removal of existing sand and gravel media

3. Washing and inspection of interior surfaces

4. Installation of new gravel media

5. Installation of Lane Mountain silica sand (LM #30)

6. Rebuilding of Yardney auto backflush valves

7. Replacement of the leaking lower header and associated seals

8. Leak testing, system restoration, and final cleanup

9. Submittals, coordination, and safety requirements

B. Measurement for Payment

No measurement will be made for Lump Sum work.

Payment will be made at the Lump Sum price bid, which constitutes full compensation for completing all work identified above.

1.03 UNIT PRICE BID ITEM (EPOXY REPAIR & RECOATING)

Because the extent of epoxy repair cannot be determined until the system is emptied and cleaned, epoxy work shall be paid using a Unit Price based on measured area.

A. Measurement

1. Epoxy repair and recoating shall be measured in square feet of surface area actually prepared and coated.

2. Measurements shall be taken jointly by the Owner and Contractor after surface preparation is complete.

B. Payment

Payment under this item includes:

• Surface preparation (including sanding or sandblasting as required)

• Epoxy coating meeting minimum 8-mil dry film thickness

• Labor, application, curing, and touch-ups

• All materials, consumables, equipment, and containment

Unit Price payment shall be made for actual measured quantities only.

1.04 UNFORESEEN WORK (TIME & MATERIALS)

Unforeseen work is work not included in the Lump Sum or Unit Price items and may only be performed with prior written authorization from the Owner.

A. Measurement

1. Labor: measured in hours at the fully burdened hourly rate bid.

2. Equipment: measured by actual hours or days in use.

3. Materials: measured at actual cost with receipts.

B. Payment

1. Labor rates shall be fully burdened and include wages, benefits, overhead, profit, hand tools, and PPE.

2. Specialized equipment (e.g., vac truck, reach lift) shall be paid at the rates bid or as approved in writing.

3. Materials shall be reimbursed at actual cost without markup unless allowed by contract.

4. Unforeseen work performed without written authorization will not be paid.

1.05 FINAL PAYMENT

A. Final payment shall be made upon:

1. Completion of all required Work,

2. Resolution of all deficiencies,

3. Submission of all closeout documentation, and

4. Owner acceptance.

B. No separate payment will be made for work reasonably required to complete the Project in accordance with the Contract Documents.

Exhibit C

Port of Olympia - Contract No. XXXX-XXXX Page 1 of 11 Contract Name Small Works Roster Contract Rev. (11/2022) Legal Approved (11/2022)

SMALL WORKS CONTRACT NO. XXXX-XXXX

This Contract is made by and between the Port of Olympia, a Washington municipal corporation (the "Port") and XXXX., UBI XXX XXX XXX, located at XXXXXXXXXXX (the "Contractor"), and collectively sometimes referred to as “Parties” or individually as “Party”.

The Port now desires to retain the Contractor to provide XXXX, (the “Project”) which requires specialized skills and other support capabilities which the Port is not able to provide.

The Contractor has been deemed to possesses the required skills and the necessary capabilities, including technical and professional expertise, to perform the Project set forth in this Contract.

Additionally, the competitive bid process as defined in both the RCWs, and the Port’s internal Policies, has been followed to ensure compliance with all applicable laws and regulations.

Recitals

I. The Washington State Legislature has empowered Port districts to contract for public works projects via Title 53 for the Revised Code of Washington (RCW), II. The Washington State Legislature has empowered Port districts to delegate administrative powers and duties as they deem proper for the efficient and proper management of the Port’s operations (RCW 53.12.270), III. The Port’s Commission has delegated administrative powers and duties, including the ability to contract for public works projects, to the Executive Director of the Port via Resolution XXXX-XX, IV. The Executive Director, or his/her delegate, has authorized the use of the small works roster process as defined in RCW 39.04.155 based on the criteria established to complete the Project.

The Parties agree as follows:

1. Scope of Services.

The Contractor shall perform such services and accomplish such tasks, including the furnishing of all labor, permits, materials and equipment necessary for full performance thereof (the “Services”), as detailed in their submission, Exhibit "A".

All Services shall be provided according to the care and skill ordinarily used by members of the Contractor’s profession practicing under the same or similar

Port of Olympia - Contract No. XXXX-XXXX Page 2 of 11

Small Works Roster Contract Rev. (11/2022) Legal Approved (11/2022) circumstances at the same time and in the same locality as the Services being performed.

2. Term.

This Contract is effective upon mutual execution by the Executive Director of the Port, or his/her delegate and an authorized representative for the Contractor.

The Contractor may not begin physical work on this Project until a formal Notice to Proceed has been issued by the Port.

The Contract shall begin and complete the provision of the Services, unless sooner terminated according to this Contract, as follows:

Anticipated Commencement Date: XXXX Anticipated Completion Date: XXXX

3. Compensation and Method of Payment.

3.1 The Contractor shall submit monthly, or one upon final completion, as agreed upon in writing for each Work Order, an Application and Certificate for Payment, using a format approved by the Port, to the Project Manager. Upon approval from the Project Manager in writing, the Contractor shall submit an invoice to Contracts@PortOlympia.com for the approved amount. The Not-To-Exceed (NTE) for this contract is XXXX ($XXXX).

3.2 No payment shall be made for any Service rendered by the Contractor except for the Work Orders associated with this Contract. In order to expedite the payment process, Contractor shall note the contract number and Work Order number on all invoices as well as in the subject line of any electronically delivered invoice. All invoices must be submitted to Contracts@PortOlympia.com. Unless otherwise agreed on, payments shall be due 30 days after electronically delivered.

3.3 On call Work/Task Orders. In this Agreement, work is to be performed under an on-call basis. Such work shall only be authorized following written request by the Port through Work/Task Orders outlining specific services to be provided, and approval by the Port of associated estimate of fees and such other conditions requested by the Port.

3.4 Retainage. The Port will retain up to 5% of the value of the work requested, not including sales tax. Retainage will be released on an annual basis if all work has been accepted by the Port, pursuant to RCW 60.28.011.

mailto:Contracts@PortOlympia.com

Port of Olympia - Contract No. XXXX-XXXX Page 3 of 11

Small Works Roster Contract Rev. (11/2022)

4. Contractor Requirements.

4.1 The Contractor must have, or obtain, prior to the execution of this Contract, the following:

From the Washington State Department of Labor and Industries - A current certificate of registration as a Contractor in compliance with Chapter 18.27 RCW.

From Washington State Department of Revenue - A current Washington

Unified Business Identified (UBI) number, state excise tax registration number.

From Washington State Employment Security Department – A current Employment Security Number (ES Number).

Industrial Insurance (workers’ compensation) coverage for the bidder’s employees working in Washington, as required by Title 51 RCW.

4.2 At the time of contract award, the Contractor shall not have been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).

4.3 The Contractor shall comply with all employment security laws of the State of Washington, and shall timely make all required payments in connection therewith.

4.4 The Contractor shall comply with all supplemental requirements that the Port may determine necessary for a particular project.

5. Subcontractors.

The Contractor must verify responsibility criteria of any subcontractors hired to perform this project. Verification shall include that each subcontractor, at the time of subcontract execution, meets the Contractor Requirements listed in Section 2. Any subcontractor must be approved by the Port in writing prior to them performing any work. The approval of a subcontractor shall not affect the not to exceed amount of the contract.

6. Change Order/Modifications.

Port of Olympia - Contract No. XXXX-XXXX Page 4 of 11

Small Works Roster Contract Rev. (11/2022) Legal Approved (11/2022)

Any changes to this Contract, after execution, will only be made through a mutually agreed upon amendment and ratified by signature of the appropriate Authorized Representatives of each Party.

Any changes to a Work/Task Order assigned under this contract, after execution, will only be made through a mutually agreed upon change order and ratified by signature of the appropriate Authorized Representatives of each Party.

7. Quality of Work.

7.1 The Contractor shall supervise and direct the work using its best efforts, skills and attention. The Contractor shall be solely responsible for, and shall have full control and charge of, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the work under the contract.

7.2 Unless otherwise specifically stated in the Contract, the Contractor shall provide and pay for all permits, materials, labor, tools, equipment, water, light, power, transportation, supervision, and temporary construction, and other services and facilities of any nature necessary to execute, complete and deliver the work within the Contract Time. Material and equipment shall be new and of a quality equal to or better than that specified. Equipment offered shall be current models which have been in successful regular operation under comparable conditions. The work performed shall be in conformity with the best modern practice of the trade with the intent to secure the best standard of construction and equipment of work as a whole and in part.

8. Prevailing Wage.

8.1 The Contractor shall comply with the requirements of RCW 39.12, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries (L&I). Before commencement and upon completion of work, the Contractor shall file the forms and pay the filing fees required by L&I. The Contractor shall indemnify and hold the Port harmless from any claims related to the payment or non-payment of such wages by the Contractor.

8.2 As required in RCW 39.12.110, The Contractor, shall file a copy of its certified payroll records using the department of labor and industries' online system at least once per month. If the department of labor and industries' online system is not used, a contractor, subcontractor, or employer shall file a copy of its certified payroll records directly with the department of labor and industries in a format approved by the department of labor and industries at least once per month.

Port of Olympia - Contract No. XXXX-XXXX Page 5 of 11

9. Independent Contractor Relationship.

9.1 The Parties intend that an independent Contractor relationship will be created by this Contract. The Port is interested primarily in the results to be achieved by the Services. The implementation of Services will lie solely with the discretion of the Contractor. No agent, employee, servant or representative of the Contractor shall be deemed to be an employee, agent, servant or representative of the Port for any purpose, and the employees of the Contractor are not entitled to any of the benefits the Port provides for its employees. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of the Services.

9.2 In the performance of the Services, the Contractor is an independent Contractor with the authority to control and direct the performance of the details of the Services; however, the results of the Services shall be approved by the Port and shall be subject to the Port’s general rights of inspection and review to secure the satisfactory performances of the Services. Notwithstanding, the Port may, at its sole discretion, require the Contractor to remove an employee(s), agent(s) or subcontractor(s) from providing Services or otherwise being involved with the Project.

10. Right to Inspection.

The Port reserves the right to, or have a third party, inspect the Services provided in this Contract at any time. The Services shall be approved by the Port and shall be subject to the Port’s general rights of inspection and review to secure the satisfactory performances of the Services prior to payment.

11. Hold Harmless/Indemnification.

11.1 Contractor shall defend, indemnify and hold the Port, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Contract, except for injuries and damages caused by the sole negligence of the Port. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Port, its officers, officials, employees, and volunteers, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence.

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11.2 It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.

The provisions of this section shall survive the expiration or termination of this Contract.

12. Insurance.

12.1 The Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from, or in connection with, the performance of the Services by the Contractor, its agents, representatives, or employees.

12.2 Contractor shall obtain insurance of the types described below:

a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of One Million Dollars ($1,000,000) per accident.

Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.

b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Contractors and personal injury and advertising injury, with limits no less than One Million Dollars ($1,000,000) each occurrence, Two Million Dollars ($2,000,000) general aggregate. The Port shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the PORT.

c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington.

12.3 The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance:

a. The Contractor’s insurance coverage shall be primary insurance with respect to the Port. Any insurance, self-insurance, or insurance pool coverage maintained by the Port shall be excess of the Contractor’s insurance and shall not contribute with it.

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b. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either Party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Port.

12.4 Insurance must be placed with insurers with a current A.M. Best rating of not less than A: VII.

12.5 Contractor shall furnish the Port with original certificates and a copy of the amendatory endorsements including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the Services.

13. Dispute Resolution. Any controversy or claim arising related to this Contract, or the breach thereof, shall be subject to dispute resolution as described below:

13.1 Prior to the initiation of any action or proceeding to resolve disputes between the parties, both shall make a good faith effort to resolve any such disputes by negotiation between representatives with decision-making power, who shall not have substantive involvement in the matters involved in the dispute, unless the parties otherwise agree.

13.2 Failing resolution after following the requirements of paragraph 13.1, the parties shall attempt to resolve the dispute through a mediation conducted by a person(s) or organization experienced in mediation initiated within thirty (30) days from the date of the request unless extended by Contract of both parties.

The parties will each pay one half of the mediation fee, as well as their own costs and fees. If the parties are unable to agree as to the appointment of a mediator within the aforementioned 30 day time period, they will submit to mediation through the Washington Arbitration & Mediation Service (WAMS) in Seattle and the mediator appointed by WAMS.

13.3 The positions expressed and mediator's recommendations, if any, shall not be admissible as evidence in any subsequent proceeding. At all times during the course of any unresolved dispute between the parties, the Contractor shall supervise, direct and perform the Work in a diligent and professional manner and without delay as provided under the terms of the Contract. The good faith completion of negotiation efforts and mediation pursuant to this Article shall be a prerequisite to the filing of any litigation.

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14. Ownership of Property.

14.1 All property furnished by the Port for the use of the Contractor shall remain the property of the Port.

14.2 All documents, including drawings and specifications, prepared by the Contractor pursuant to this Contract are the instruments of service with respect to the Services and shall be owned by the Port upon payment of the Contractor fee by the Port. The Contractor shall provide the Port with both the native file formats and reproducible copies of all documents, drawings, specifications, and other work products constituting the instruments of service. The instruments of service are not intended nor represented by the Contractor to be suitable for reuse by the Port or others on extensions of the services provided for the Services, or any other project. Any reuse without written verification or adaptation by the Port will be at the Port sole risk and without liability or legal exposure to the Contractor, and the Port shall indemnify and hold the Contractor harmless from all claims, damages; losses, and expenses including attorney's fees arising out of or resulting therefrom.

15. Compliance with Laws.

15.1 The Contractor, in the performance of this Contract, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Contract to assure quality of services.

15.2 Additionally, the Contractor acknowledges and understands their responsibilities under WAC 415-02-325 in relation to 2008 early retirement factors and will inform the Port if there is a conflict.

15.3 The Contractor specifically agrees to pay any applicable business and occupation

(B&O) taxes that may be due because of this Contract.

16. Nondiscrimination.

16.1 In the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability; provided that the prohibition against discrimination in employment

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Small Works Roster Contract Rev. (11/2022) Legal Approved (11/2022) because of disability, or the use of a trained dog guide or service animal by a person with a disability, shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental or physical disability or the use of a trained guide dog or service animal by a person with a disability.

Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The Contractor shall take such action with respect to this Contract as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment.

16.2 The Contractor will not discriminate against any recipient of any services or benefits provided for in this Contract on the grounds of race, creed, color, national origin, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental or physical disability or the use of a trained guide dog or service animal by a person with a disability.

16.3 If the Port has authorized any assignment or subcontracting, the assignment or subcontract shall include appropriate safeguards against discrimination.

17. Assignment/Subcontracting.

17.1 The Contractor shall not assign its performance of the Services or any Portion of this Contract without the Port ‘s prior written consent of not less than thirty (30) days. The Port reserves the right to reject without cause any such assignment.

17.2 Any assignment shall be subject to each provision of this Contract and proper bidding procedures where applicable as set forth in local, state and/or federal statutes, ordinances and guidelines.

17.3 Any subcontractor not included in this Contract must have written approval of the Port prior to working on the Project.

18. Maintenance and Inspection of Records.

18.1 The Contractor shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this

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Contract and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Contract.

These records shall be subject at all reasonable times to inspection, review, or audit, by the Port, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract.

18.2 The Contractor shall retain all books, records, documents and other material relevant to this Contract, for six (6) years after its expiration. The Contractor agrees that the Port or its designee shall have full access and right to examine any of said materials at all reasonable times during said period.

19. Termination.

19.1 Termination for Convenience. The Port may terminate this Contract, in whole or in part, at any time, by giving thirty (30) calendar days' written notice to the Contractor. Upon such termination for convenience, the Port shall pay the Contractor for all Services provided under this Contract through the date of termination.

19.2 Termination for Cause. If the Contractor fails to perform in the manner called for in this Contract, or if the Contractor fails to comply with any other provisions of the Contract and fails to correct such failure or noncompliance within five (5) business days' written notice thereof, the Port may terminate this Contract for cause. Termination shall be effected by serving a notice of termination on the Contractor setting forth the manner in which the Contractor is in default and the date of the termination. The Contractor will only be paid for Services performed in accordance with this Contract through the date of termination.

20. Notice.

20.1 Notice provided for in this Contract shall be sent by certified mail to the addresses designated for the Parties on the listed below:

PORT CONTRACTOR

Contract & Grant Administrator XXXX Port of Olympia XXXX 606 Columbia St. NW, STE 300 XXXX Olympia, WA 98501 XXXX

21. Attorney’s Fees and Costs.

In any dispute arising from the terms or performance of this Contract, whether a lawsuit is commencing, the prevailing Party shall be entitled to recover from the

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Small Works Roster Contract Rev. (11/2022) Legal Approved (11/2022) other Party, in addition to any other relief to which such Party may be entitled, reasonable attorney's fees and other costs incurred in that action or proceeding, including an appeal.

22. Jurisdiction and Venue.

22.1 This Contract has been and shall be construed as having been made and delivered within the State of Washington, and shall be governed by laws of the State of Washington, both as to interpretation and performance.

22.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of this

Contract or any provisions thereof shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington.

23. Severability.

If any Portion of this Contract is held to be invalid or unenforceable for any reason, such holding shall not affect the validity or enforceability of the remaining Portions of this Contract.

24. Entire Contract.

This Contract, including the Exhibit(s) attached, is the complete and exclusive expression of the Contract between the Parties and shall bind their successors and assigns. Any modification of this Contract shall be in writing and signed by both Parties. Failure to comply with any provision of this Contract shall constitute a material breach of contract and be cause for termination. The Parties recognize time is of the essence in the performance of this Contract. The forgiveness or waiver of the nonperformance of any provision of this Contract does not constitute a waiver of any subsequent nonperformance by a Party.

IN WITNESS WHEREOF, the Parties hereto have signed this Contract on the day and year written below.

THE PORT OF OLYMPIA XXXXXXXXXXXXXXXXX

606 Columbia St. NW, STE 300 xxxx xxxxxxxx xxxxx Olympia, WA 98501 xxxx xxxxxxxx xxxx

Alexandra Smith Date XXXXXXXXX Date Executive Director XXXXXXXXXX